Mississippi Entry of Appearance, Waiver of Process, and Joining in the Prayer of a Petition filed in Chancery Court

State:
Mississippi
Control #:
MS-01951BG
Format:
Word; 
Rich Text
Instant download

Description Chancery Court Application

Rule 4(e) of the Mississippi Rules of Civil Procedure provides:



(e) Waiver. Any party defendant who is not an unmarried minor or mentally incompetent may, without filing any pleading therein, waive the service of process or enter his or her appearance, either or both, in any action, with the same effect as if he or she had been duly served with process, in the manner required by law on the day of the date thereof. Such waiver of service or entry of appearance shall be in writing dated and signed by the defendant and duly sworn to or acknowledged by him or her, or his or her signature thereto be proven by two (2) subscribing witnesses before some officer authorized to administer oaths. Any guardian or conservator may likewise waive process on himself and/or his ward, and any executor, administrator, or trustee may likewise waive process on himself in his fiduciary capacity. However, such written waiver of service or entry of appearance must be executed after the day on which the action was commenced and be filed among the papers in the cause and noted on the general docket.

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Process Chancery Court Form popularity

Joining Court Other Form Names

Mississippi Process Chancery   Ms Chancery Form   Chancery Court Form   Process Petition Court   Joining Petition   Mississippi Chancery Form   Chancery Court Document  

Mississippi Petition Court FAQ

The voluntary surrender of a known right; conduct supporting an inference that a particular right has been relinquished. The term waiver is used in many legal contexts. A waiver is essentially a unilateral act of one person that results in the surrender of a legal right.

An Entry of Appearance is a legal document that says that an attorney represents one party in a case. It is a representation to the court that an attorney represents one party or the other.It just means they are giving up their right to be served by a sheriff with a copy of the lawsuit.

A general waiver of the 30-day or 45-day trial requirement entitles the court to set or continue a trial date without the sanction of dismissal should the case fail to proceed on the date set for trial.(B) The defendant requests or consents to the setting of a trial date beyond the 30-day or 45-day period.

A waiver is the voluntary relinquishment or surrender of some known right or privilege.When the right to hold a person liable through a lawsuit is waived, the waiver may be called an exculpatory clause, liability waiver, legal release, or hold harmless clause.

The word appearance under civil cases has a well-known meaning. It means the appearance of the party to the suit before a court of law. The appearance can be by the party in person or through his advocate or through any person along with the advocate of the party.

Waiving arraignment simply means that you are acknowledging that you are aware of the charges against you and that you are entering an initial plea of Not-Guilty.

Penal Code 977 is the California statute that allows a defendant to waive his appearance in court for most misdemeanor proceedings. This even includes his appearance at the arraignment, or the first formal proceeding in a criminal case. Waiver means a defendant: gives up his right to personally appear in court, and.

Criminal defendants usually have the option to waive the preliminary hearing, but it happens very rarely and no defendant should do this without the advice of an attorney. If you waive a preliminary hearing, you allow the prosecution to proceed on criminal charges against you without having to present its evidence.

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Mississippi Entry of Appearance, Waiver of Process, and Joining in the Prayer of a Petition filed in Chancery Court